Mohanlal S/O Shri Surajmal vs Jagannath S/O Shri Bhorilal
2022 Latest Caselaw 3139 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 2025/2021

Mohanlal S/o Shri Surajmal, Aged About 62 Years, Resident Of
Neem Ka Bazar, Near Hardev Ji Ka Mandir, Hindaun City, District
Karauli (Raj.)
                                                      ----Petitioner/Defendant
                                    Versus
1.       Jagannath S/o Shri Bhorilal, Resident Of Hindaun Through
         Sevayat (Next Friend) Murti Mandir Shri Rameshwar Ji
         Mahadev (Higaswami) Mandir, Near Jalsain Talab, Chhatu
         Ghat, Hindaun City, District Karauli (Since Deceased
         23.01.2013)
1/1.     Dinesh S/o Late Jagannath, Resident Of Hindaun City
         Sevayat (Next Friend) Murti Mandir Shri Rameshwar Ji
         Mahadev (Higaswami) Mandir, Near Jalsain Talab, Chhatu
         Ghat, Hindaun City, District Karauli.
1/2.     Suresh Kumar S/o Late Jagannath, Resident Of Near
         Jalsain Talab, Chhatu Ghat, Hindaun City, District Karauli
1/3.     Kisturi Devi W/o Late Jagannath, Resident Of Near Jalsain
         Talab, Chhatu Ghat, Hindaun City, District Karauli
                                                     ----Respondents/Plaintiff

For Petitioner(s) : Mr. Mukesh Kumar Goyal For Respondent(s) : Mr. M.M. Ranjan, Sr. Adv. assisted by Mr. Rohan Agarwal

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

18/04/2022

The matter comes up on an application filed by the

respondents seeking vacation of interim order dated 23.02.2021.

Learned Senior Counsel for the respondents submits that

issue involved herein as to maintainability of civil suit seeking

dispossession under the Transfer of Property Act, 1882 (for brevity

(2 of 2) [CW-2025/2021]

the Act of 1882") even after the advent of the Rajasthan Rent

Control Act, 2001 (hereinafter referred to as "the Act of 2001") in

the municipal area in question, is no more res integra and stands

resolved by the judgment dated 12.04.2022 of the Hon'ble

Supreme Court of India in case of Shankarlal Nadani versus

Sohanlal Jain: Civil Appeal No.2816 of 2022 (Arising out of

SLP (Civil) No.2455 of 2022) wherein, it was held that pending

proceedings under the Act of 1882 shall continue even after the

advent of the Act of 2001 in the area in question.

Learned counsel for the petitioner is not in a position to

dispute the aforesaid proposition.

In view thereof, nothing survives for consideration of this

court in this writ petition which stand stands disposed of in terms

of order of Hon'ble Apex Court of India in case of Shankarlal

Nadani (supra).

The pending applications stand disposed of accordingly.

(MAHENDAR KUMAR GOYAL),J

Manish/28

Powered by TCPDF (www.tcpdf.org)